Son who helped his mother die was driven by love, says judge

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At 88 and and racked with pain after a series of illnesses, Elizabeth Godfrey's desire to die was so strong she tried to kill herself twice. Finally, her son helped her to end her life.

It was an act driven by love, a judge said yesterday, as he convicted John Stuart Godfrey of assisting the suicide but set him free with a suspended 12-month sentence.

Godfrey, an internationally recognised scientist, left the Supreme Court in Hobart saying that the law covering assisted suicide and euthanasia should be changed - a stance that received some apparent sympathy from Justice Peter Underwood.

The judge said that to dismiss the crime without sanction would diminish the sanctity of life, and trivialise the significance of Godfrey's unlawful act. But the law also seemed to discriminate against people who wanted to end their lives, but were physically incapable of doing so.

In this case, Godfrey's crime was "motivated solely by compassion and love. It was an act of last resort".

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Godfrey, 63, said outside the court that he wanted to put the episode behind him and hoped never to speak about it publicly again. But he said he believed change was needed.

"It's a very difficult issue on which there are some people with contrary views to mine. And whatever it is, it needs to be something that has pretty general community acceptance. That will require patience to have it happen."

Mrs Godfrey was a well-known cooking personality in Tasmania, a Quaker who found it repugnant to be a burden to others, and an outspoken advocate of voluntary euthanasia.

A series of illnesses left her in pain intensified by an allergy to morphine, and in 1998 and November 2002 she tried to commit suicide with an overdose of prescribed drugs. Her illness got worse and she was told she could no longer live independently. This led to a third, successful attempt in December 2002.

Using a procedure spelled out in one of her euthanasia books, Dr Godfrey helped his mother in a rehearsal, and then on the night of her death.

"He did this by reminding her of the sequence of events, by passing her things, and by giving her loving encouragement," Justice Underwood said. "In doing so, he had the support of the Godfrey family, and I find, the gratitude of his mother."

Dr Godfrey made a full confession, co-operated with police, and pleaded guilty to the charge of aiding suicide. He was previously of unblemished character.

He is an oceanographer who was awarded the discipline's top international honour, the Sverdrup Medal, in 1999.

He was close to his mother and a good father and husband, Justice Underwood said.

Dr Godfrey's willingness to help his mother played no part in her rational decision to end her life.

"Had she not been so frail, his assistance would not have been sought, nor given . . . Curiously, it might be said that those who wish to end their life but are physically unable to do so are discriminated against by reason of their physical disability."